Scottish Executive

Agriculture

John Farquhar Munro (Ross, Skye and Inverness West) (LD): To ask the Scottish Executive how many Integrated Administration and Control System forms have been submitted to each of its Environment and Rural Affairs Department’s (SEERAD) area offices and, of these, what percentage was subsequently found by officials to contain errors that resulted in penalties being applied to the applicant, in each of the last four years for which records are available.

Ross Finnie: The number of Integrated Administration and Control System, Area Aid Application forms submitted to each SEERAD area office for each of the last four complete scheme years is shown below.

  The information on penalties is not readily available in exactly the form requested. The table indicates the percentage of these subsequently found by officials to contain errors which resulted in reductions or penalties being applied. These errors were identified either during administration checks or inspections. Claims submitted late and those "reduced" due to insufficient set-aside have not been counted in the percentage penalised. Not all of these adjustments to claims will have resulted in a financial penalty.

  

 Area 
  Office*
 Claimants
 Percentage 
  Reduced or Penalised


 2000
 2001
 2002
 2003
 2000
 2001
 2002
 2003


 Ayr
 1,956
 1,923
 1,886
 1,874
 15.8
 17.0
 13.1
 12.0


 Benbecula
 763
 741
 729
 718
 5.2
 3.4
 9.9
 5.4


 Dumfries
 1,434
 1,405
 1,376
 1,388
 16.9
 19.1
 17.7
 16.4


 Elgin
 641
 616
 600
 588
 12.5
 18.7
 17.8
 15.0


 Gala
 1,590
 1,574
 1,544
 1,549
 18.3
 19.2
 23.6
 17.9


 Hamilton
 865
 848
 832
 821
 15.3
 19.7
 15.4
 15.4


 Inverness
 1,497
 1,441
 1,412
 1,386
 15.9
 19.0
 14.7
 13.8


 Grampian
 2,933
 2,858
 2,784
 2,754
 16.2
 17.7
 16.8
 17.0


 Kirkwall
 826
 798
 785
 769
 13.6
 17.9
 18.1
 15.1


 Lairg
 500
 492
 480
 472
 11.8
 14.2
 7.7
 11.6


 Lerwick
 1,144
 1,129
 1,094
 1,057
 16.8
 24.3
 19.0
 20.2


 Oban
 973
 950
 931
 919
 17.8
 22.4
 15.2
 11.1


 Perth
 2,787
 2,713
 2,667
 2,627
 22.4
 22.3
 18.2
 19.4


 Portree
 588
 581
 563
 542
 13.8
 10.7
 5.2
 5.5


 Stornoway
 1,395
 1,329
 1,263
 1,183
 15.0
 20.3
 6.7
 4.7


 Thurso
 798
 783
 767
 750
 17.7
 12.8
 8.0
 11.2


 Total
 20,692
 20,183
 19,715
 19,397
 16.4
 18.4
 15.4
 14.5



  Note:

  *In addition, two businesses have not yet been allocated a parish/area office.

Charity Law

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive when it plans to publish new legislation to reform charity law.

Ms Margaret Curran: In September 2003 I announced that, after listening to the sector and other stakeholders, I would publish a draft Bill to provide the regulatory framework that Scottish charities need and deserve. I am pleased to publish today a draft Charities and Trustee Investment (Scotland) Bill for consultation.

  The draft Bill is a wide-ranging piece of legislation, bringing Scottish charity law requirements together in one place. It sets out a number of important measures including:

  creating a Scottish definition of a charity, with a public benefit requirement;

  providing for the newly-established Office of the Scottish Charity Regulator to become an independent statutory body with an enhanced range of powers, including granting charitable status and maintaining a statutory register of all charities operating in Scotland, and

  provisions to better regulate fundraising activity by and for charities.

  The draft bill also takes forward a number of measures which have been called for by charities for some time, including the creation of the new Scottish Charitable Incorporated Organisation, making charity re-organisation easier and widening trustees’ investment powers.

  Copies of the draft bill (Bib. number 32822) and associated consultation paper (Bib. number 32823) have been placed in the Parliament’s Reference Centre, and an electronic version will be made available on the Executive’s website at www.scotland.gov.uk/consultations. The consultation period ends on 25 August.

  I look forward to introducing the bill to Parliament at a suitable opportunity, once I have considered the views that will be expressed during this consultation period.

Energy

Shiona Baird (North East Scotland) (Green): To ask the Scottish Executive what reports its representatives on the Joint Energy Security of Supply (JESS) Working Group have given to it in respect of new electricity generating capacity in Scotland.

Lewis Macdonald: The JESS group is kept informed of all changes in generating capacity in Scotland.

Environment

Robin Harper (Lothians) (Green): To ask the Scottish Executive, further to the answer to question S2W-6286 by Allan Wilson on 15 March 2004, what action it is taking to prevent the accumulation of toxic chemicals in (a) freshwater fish, (b) saltwater fish and (c) shellfish.

Allan Wilson: Through the Scottish Environment Protection Agency, the Executive limits discharge of toxic chemicals to the marine and freshwater environment where they can be taken up by fish and shellfish. Other regulatory measures taken to protect the consumer from the effects of accumulated toxic chemicals, including those already present in the aquatic environment as a result of historic industrial use, are setting limits for certain contaminants in fish and shellfish and the testing of farmed fish for residues of veterinary medicines. These are matters for the Food Standards Agency and the Veterinary Medicines Directorate. In addition the industry is taking the following action:

  sourcing the highest quality raw materials – fish meal and fish oils used in aquaculture feedstuffs – from areas least affected;

  investing in additional processing technology to reduce levels further, and

  examining the potential benefits of incorporating different types of high quality plant-derived oil in feedstuffs.

Health

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2O-665 by Mr Tom McCabe on 30 October 2003, whether GP prescribing of portable oxygen has ensured that an effective means of supply and distribution is in place to meet the needs of all patients in Scotland who can benefit.

Mr Tom McCabe: Portable oxygen has been available on GP prescription since 1 April 2004. The arrangements we have put in place are designed to ensure that GPs will be prescribing on the basis of specialist advice. The supply and distribution of oxygen cylinders and associated equipment remain subject to locally negotiated agreements between NHS boards and the community pharmacists in their areas.

Health

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive how many patients were issued with portable oxygen cylinders on prescription in April 2004, broken down by NHS board area.

Mr Tom McCabe: Statistical information about items dispensed on the NHS does not include the number of patients for whom prescriptions were written. Portable oxygen has been prescribable by GPs since 1 April 2004. The Common Services Agency will record the number of portable oxygen cylinders provided on NHS prescription but final data for April 2004 are not likely to be available before the end of June.

Land Reform (Scotland) Act 2003

Alex Johnstone (North East Scotland) (Con): To ask the Scottish Executive what provisions need to be observed by a landowner who wishes to erect a fence on open land along a boundary, defined by legal ownership, for the purpose of controlling the movement of wildlife, in order to avoid contravening the access provisions of the Land Reform (Scotland) Act 2003 and what legal restrictions exist in respect of the nature and construction of such a fence.

Allan Wilson: Part 1 of the Land Reform (Scotland) Act 2003 establishes rights of responsible access to land in Scotland. Under the act, land owners have a duty to manage their land responsibly with respect to access rights. Guidance on responsible management of land will be included in the Scottish Outdoor Access Code, which will shortly be laid before Parliament. The terms of the proposed code, which has been prepared by Scottish Natural Heritage, advises that land owners should provide gates, gaps or other access points for the public to exercise their rights of access, when putting up a fence over long stretches of open country.

Post Office

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive how long the fund to develop post offices in deprived urban areas will be in operation.

Mrs Mary Mulligan: I have asked Angiolina Foster, Chief Executive of Communities Scotland to reply. Her response is as follows:

  The Fund to Develop Post Offices in Deprived Urban Areas will end on 31 March 2005.

Schools

John Swinburne (Central Scotland) (SSCUP): To ask the Scottish Executive which organisations or individuals it received representations from prior to the decision to close Earnock High School, Hamilton.

Peter Peacock: The Scottish Executive received over a thousand representations concerning South Lanarkshire Council’s proposals for Earnock High School, but does not maintain a comprehensive list. Those who made representations included MSPs, local councillors, school boards, parents, and other members of the local community.

Schools

John Swinburne (Central Scotland) (SSCUP): To ask the Scottish Executive what evidence or information it received from interested parties prior to the decision to close Earnock High School, Hamilton.

Peter Peacock: The Scottish Executive received over a thousand representations from interested parties expressing their views on various aspects of South Lanarkshire Council’s proposals for Earnock High School.

Schools

John Swinburne (Central Scotland) (SSCUP): To ask the Scottish Executive what arrangements have been put in place to ensure that pupils have access to all out-of-school activities following the decision to close Earnock High School, Hamilton.

John Swinburne (Central Scotland) (SSCUP): To ask the Scottish Executive what arrangements have been put in place to ensure the safety of pupils travelling to Blantyre following the decision to close Earnock High School, Hamilton.

Peter Peacock: This will be a matter for South Lanarkshire Council as part of its detailed planning of future school provision.

Schools

John Swinburne (Central Scotland) (SSCUP): To ask the Scottish Executive what arrangements have been put in place to ensure the servicing of the growing school roll in light of the increasing housing stock in Hamilton, following its decision to close Earnock High School, Hamilton.

Peter Peacock: It is for South Lanarkshire Council to determine the detailed need for school places across its area, in the context of fulfilling its statutory duty to provide adequate and efficient school education.

Schools

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive in what circumstances, and under what conditions, it will grant permission to local authorities to include public spaces and parks as part of any proposed PPP initiative for new school campuses.

Peter Peacock: Decisions on the schools to be included in a PPP project and the nature of sites on which those schools are to be located are for the local authorities to determine, subject to the normal requirements, such as obtaining planning permission and any other necessary consents, which apply to such building work.

  In certain circumstances, as defined in paragraph 16 of the Schedule to Annex A to the Scottish Executive Development Department Circular 4/1997: Notification of Applications, a planning authority may notify the Scottish ministers of a planning application in which it has an interest, involving a school proposed for development under a PPP project. It would then be for the Scottish ministers to consider whether such an application should be called in for their determination or cleared back to the council.

Schools

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive what guidelines it has issued to local authorities in respect of the redesignation, or allocation of, public spaces and parks for use as part of school building programmes.

Peter Peacock: The Scottish Executive has issued no such guidance to local authorities specifically in relation to school building programmes.

  National Planning Policy Guideline 11: Sport, Physical Recreation and Open Space addresses the land use implications of sport and physical recreation, and describes the role of the planning system in making provision for sports and physical recreation and protecting and enhancing open space, including public parks, amenity open spaces, playing fields and sports pitches.

  In addition, Planning Advice Note 55: The Private Finance Initiative and the Planning Process notes that, where the sponsor of a school building project has agreed a development brief with the planning authority, the brief would highlight the relevant aspects of the development plan for the area and identify constraints and requirements in relation to such issues as open space and playing field provision.

Schools

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive whether public spaces or parks used for school building programmes under PPP/PFI initiatives remain in public ownership or become the owned property of the private contractor involved in the initiative.

Peter Peacock: Issues concerning the ownership of such land will depend on the detail of the contract between individual authorities and their private sector partners. Generally, land in public ownership would be under the control of the private contractor for the duration of the PPP contract, and revert to council ownership at the end of the contract, as would the school buildings themselves.

Tartan Day

Jim Mather (Highlands and Islands) (SNP): To ask the Scottish Executive which invitations to Tartan Day events were declined by the Scottish Executive and its Scottish Affairs Office in Washington and on what grounds.

Mr Andy Kerr: The Scottish Affairs Office in Washington liaised closely with the US-based organisers of Tartan Day events and were able to advise them of dates that ministers would be in the US. The office aimed to ensure that the Executive were represented at as many of these events as possible. Where ministers were unable to attend Executive officials did so wherever possible. The only Tartan Day events in New York that were not attended by the Executive were for the Scots Heritage exhibition at Ellis Island and the American Scottish Foundation’s business seminar – both of these events clashed with other engagements but were attended by representatives of Edinburgh and Glasgow City Councils. The Executive had advised the organisers that attendance was not possible in advance of any formal invitation being issued.

Scottish Parliamentary Corporate Body

Parliamentary Staff

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Parliamentary Corporate Body on how many occasions discussions have taken place between elected members and the Training and Development Manager in respect of training and development for MSPs’ staff in each year since 1999; what training needs were identified, and what training options were offered as a result of the discussions.

Duncan McNeil (on behalf of the Scottish Parliamentary Corporate Body): Meetings between elected members and the Training and Development Manager are not formally recorded, but it is estimated these number a half dozen or so per year. The Training and Development Manager provides Members with an internal consultancy service and, after establishing a training need, can suggest a package of training solutions to address these. The member, in their role as an employer, then has the opportunity to take forward the items they think most appropriate.

Parliamentary Staff

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Parliamentary Corporate Body what its expenditure on training and personal development has been for each grade of parliamentary staff in each of last four years; how many members of staff benefited from such training and development, and in what areas of training and personal development activity costs were incurred.

Duncan McNeil (on behalf of the Scottish Parliamentary Corporate Body): Information on SPCB staff training costs are not available in a grade-by-grade format. All staff have the opportunity to take up training and development opportunities. Training and development costs are charged to the following areas: IT skills, softskills, languages, first aid, learning resource centre materials, developmental training, senior management training, Scottish Parliament manager’s network, Freedom of Information, performance management, equality framework, classroom course development, training accommodation, catering, stationery, SPCB Staff Induction, SPCB staff induction and other training costs. Annual spend on training organised by the Personnel Office for our staff has been:

  

 2000-01
 £157,000


 2001-02
 £248,000


 2002-03
 £344,000


 2003-04
 £252,000